REPORT TITLE:
Firearms; Conviction and
Sentencing

DESCRIPTION:
Clarifies that use of a firearm to commit a felony is a separate
offense from the underlying felony and should be treated as such
upon conviction and sentencing. (SD1)

 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS. 



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 134-6, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (e) to read as follows:
 
 3      "(e)  Any person violating subsection (a) or (b) shall be
 
 4 guilty of a class A felony.  Any person violating this section by
 
 5 carrying or possessing a loaded firearm or by carrying or
 
 6 possessing a loaded or unloaded pistol or revolver without a
 
 7 license issued as provided in section 134-9 shall be guilty of a
 
 8 class B felony.  Any person violating this section by carrying or
 
 9 possessing an unloaded firearm, other than a pistol or revolver,
 
10 shall be guilty of a class C felony.
 
11      A conviction and sentence under subsection (a) or (b) shall
 
12 be in addition to and not in lieu of any conviction and sentence
 
13 for the separate felony; provided that the sentence imposed under
 
14 subsection (a) or (b) may run concurrently or consecutively with
 
15 the sentence for the separate felony."
 
16      SECTION 2.  This Act does not affect rights and duties that
 
17 matured, penalties that were incurred, and proceedings that were
 
18 begun, before its effective date.
 
19      SECTION 3.  New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval.
 

 
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